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HomeMy Public PortalAbout04-05-1976 104 PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, APRIL 5 , 1976 1 The Common Council of the City of Richmond, Indiana, met in regular 2 session April 5, 1976, at the hour of 7:30 p.m. in the Council 3 Chambers in the Municipal Building in said City. President .Mills 4 presided with the following members present: Messrs. Ahaus , Aus- 5 terman , Cornett, Elstro, Merchanthouse, Paust and Williams. Ab- 6 sent: Carter. The following business was had, to-wit: 7 8 Councilman Williams moved to approve the minutes of the previous 9 meeting, seconded by Councilman Elstro and on unanimous voice vote 10 the motion was carried. 11 12 Pr"esident Mills read a petition with 50 signatures for C-4 zoning 13 classification which would allow the S&S to continue operating at 14 the site of 1500-1508 National Road Rest. 15 16 The Clerk read Resolution No. 13-1976 - A RESOLUTION OF THE COMMON 17 COUNCIL OF THE CITY OF RICHMOND, INDIANA APPROVING DECLARATORY 18 RESOLUTION NO. 76-1, OF THE CITY OF RICHMOND, INDIANA, DEPARTMENT 19 OF REDEVELOPMENT AND DECLARATORY RESOLUTION NO. 1-76 OF THE RICHMOND 20 CITY PLAN COMMISSION. 21 22 Mr. Rick Freeman spoke for this resolution , which pertains to the 23 block of land containing Rayne Dairy, Corner Shoe Store and Kaiser 24 properties being put on the acquisition list for blighted areas. 25 26 Councilman Cornett moved for the adoption of Resolution No. 13-1976, 27 seconded by Councilman Elstro and on unanimous voice vote the motion 28 was carried. 29 30 Mrs. Nellie Harris , 809 No. "-I" presented a gasoline problem to the 31 Board of Works concerning gasoline fumes coming through an electric 32 pump located in her house. This problem also affects residents at 33 901 No. "I" and 816 No. "H". The problem started in February and 34 washing out of basement and sewer has not relieved the problem. 35 There are filling stations in this area, which Councilman Williams 36 feels should not be able to operate until the situation is corrected. 37 38 Counci.l Austerman requested the City Engineer look into plans for 39 the. 16th Street Detention Basin as per a request from Mrs. Shirley 40 Rodgers. He also recommended he check with the Soil Conservation 41 Service. Mr. Webb will talk with Mrs. Rodgers and with Soil Con- 42 servation , if necessary. 43 44 Councilman Elstro asked the Board to check So. 20th, So. 21st and 45 So. 22nd Street in the block South of "L" , which is torn up, to see 46 what could be done. He also asked if there would be a clean-up 47 drive for the City this spring. 48 49 Mr. Meredith reported on the vacation '.of So. 12th from "J" to "L" , 50 as per Councilman Elstro's request. The street was vacated subject 51 to existing utility rightaway and Richmond Community Schools became 52 the owners of this area on both sides of the street. Mr. Meredith 53 contacted Dr. John Egger, who referred the letter to Mr. Jack 54 Turnbaugh. The problem was corrected with a temporary measure of 55 hugh dirt piles blocking the entrances to the area. 56 57 Councilman Ahaus moved to suspend the rules and read on first read- 58 ing by title only, Ordinance No. 3069-1976 , seconded by Councilman 59 Elstro and on unanimous voice vote the motion was carried. 60 61 The Clerk read on first reading by title only Ordinance No. 3069-1976 - 62 AN ORDINANCE AMENDING ORDINANCE NO. 2325-1968,COMMONLY KNOWN AS THE 63 ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, ADOPTED JUNE3, 1968. 64 6E President Mills announced this ordinance will go to the Plan 66. Commission for study and recommendation. 105 Common Council Minutes Cont'd April 5, 1976 Page 2 1 Councilor avAhaus moved to suspend the -rules and read on first 2 readirtg. by title only,'. Ordinance_.3070-1976, seconded by Council- 3 man Merchanthouse and on unanimous voice vote the motion carried. 4 5 The Clerk read on first reading by title only -Ordinance No. 3070-1976 -. AN ORDINANCE AMENDING ORDINANCE NO. 2325-1968, 7, 5`..: COJIMOMLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICH- 8 MOND, INDIANA, ADOPTED JUNE 3, 1968. 9 10 President Mills announced this ordinance will go to the Plan -11 Commission for study and recommendation. -.12 13 Councilman Austerman moved to suspend the rules and read on 14 first reading by title only, Ordinance No. 3071-1976 , seconded 15. by Councilman W lli:ams and on unanimous voice vote the motion 16 was carried. 17 18. The Clerk read on first reading by title only Ordinance No. lg. 30.71-1976 , AN ORDINANCE. TO APPROPRIATE THE SUM QF THIRTY-FIVE 2O THOUSAND DOLLARS ($35,000.00) FROM THE CUMULATIVE CAPITAL IM- 21 PROVEMENT FUND (CIGARETTE. TAX FUND) TO COLLEGE CORNER AND SALIS- 22 BURY ROAD SEWER PROJECT. 24 President Mills announced this ordinance has to be advertised. 25 26 Councilman Austerman moved to suspend the rules and read on 27. first reading by title only, Ordinance No. 3072-1976 , seconded 28 by Councilman Williams and on unanimous voice vote the motion 29. was carried. .3a 3.1' The Clerk read on first reading by title only Ordinance No. :34 3072-1976 - AN ORDINANCE TO APPROPRIATE THE SUM OF TWELVE THOU- SAND, SEVEN HUNDRED FORTY TWO DOLLARS AND FIFTY CENTS ($12,742. 34 50) FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND (CIGARETTE TAX 35 FUND) TO OUTDOOR PERFORMING ARTS CENTER. 36 37, President Mills announced this ordinance has to advertised.88 39 The Clerk read on second reading Ordinance No. 3061-1976 - AN 40 ORDINANCE AMENDING ORDINANCE 2325-1968, COMMONLY KNOWN AS THE 41 ZONING. ORDINANCE OF THE CITY OF RICHMOND, INDIANA, ADOPTED JUNE 42 3, 1968. 43 44 Speaking for this ordinance were Dale Stanton , 1500 National 45 Road West; a letter was read from John Beckman ; Ken Haisley,. 229 46 Cartwright Drive; Fay Winters , 175'S.W. 14th, Vern Wilson , 157 47 S.W. 15th; Donald L. Parker, S.W. 15th, Mrs. Lamb , a neighbor; 48 Mary Holiday, 1417 1/2 National Road West; and Ken Cooper, 1210 4g So. "Q" Street. 5.0 51 Speaking against this ordinance was Bob Goodwin , Director of 52 City Planning. The Clerk read a letter from the Department of 53 City Planning stating their vote of eight (8) to zero (0) to 54 55 recommend Council deny the rezoning. 56 Councilman Cornett moved for engrossment of Ordinance No. 3061- 57 1976, seconded by Councilman Elstro and on unanimous voice vote 58. the motion was carried. 59- 60 Councilman Austerman moved to table Ordinance No. 3061-1976 , . 61: seconded by Councilman Merchanthouse and on a call of the roll -62: the following was recorded: Ayes: Ahaus, Austerman , Merchanthouse. 53 Noes.: Cornett, Elstro, Mills , Paust and Williams. The vote being 64 three (3) to five (5) in favor of passage of tabeling. 1,06 Common Council Minutes Cont' d April 5, 1976 Page 3 1 Councilman Cornett moved to suspend the rules and read on third 2 reading by title only Ordinance No. 3061-1976, seconded by Council- 3 man Elstro and on a call of the roll the following was recorded: 4 Ayes: Ahaus, Austerman ; Cornett, Elstro, Merchanthousq, Mills , 5 Paust and Williams. The vote being eight (8) to zero in favor of 6 passage. 7 8 City Attorney Robert Reinke announced it would take seventy-five . 9 percent (75%) vote to override the Plan Commission or a vote of 10 six (6) to -two (2) . Councilmen Merchanthouse and Austerman protested 11 the ruling. 12 The. Clerk read on third reading, by title only, Ordinance No. 3061- 13 1976. 14 15 Ordinance No. 3061-1976 was placed on final passage or rejection 16 and on a call of the roll , the following was recorded: Ayes: Ahaus , 17 Cornett , Elstro, Mills , Paust and Williams. Noes: Austerman and 18 Merchanthouse: The vote being, six (6) to two (2) in favor of 19 passage of Ordinance-No. 3061-1976. 20 21 The Clerk read on second reading Ordinance' No. 3062-1976 - AN 22 ORDINANCE AMENDING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS. THE 23 ZONING ORDINANCE OF THE CITY OF- RICHMOND, INDIANA, ADOPTED JUNE 3, 24 1968. 25 26 Councilman Elstro moved for engrossment of Ordinance No. 3062-1976, 27 seconded by Councilman Paust and on unanimous voice vote the motion 28 was carried. 29 30 Councilman Elstro moved to suspend the rules and read on- third 31 reading by title. only Ordinance No. 3062-1976, seconded by Council- 32 man Cornett -and on unanimous voice vote the motion was carried. 33 34 The Clerk read on third reading, by title only Ordinance No. 3062- 35 1976. 36 37 Ordinance No. 3062-1976 was placed on final passage or rejection and 38 on a call of the roll the following was recorded: Ayes : Ahaus , 39 . Austerman , Cornett, Elstro, Merchanthouse, Mills , Paust and 40 Williams. Noes: None. The vote being eight (8) to zero (0) in favor 41 of passage of Ordinance No. 3062-1976. 42 43 The Clerk read on second reading Ordinance No. 3066-1976- AN OR- 44 DINANCE TO APPROPRIATE FORTY-SIX THOUSAND, THREE HUNDRED THIRTY- 45 SEVEN DOLLARS AND THIRTY-THREE CENTS ($46 ,337.33) FROM THE FEDERAL 46 REVENUE SHARING 'TRUST FUND, FOR CERTAIN ORDINARY AND NECESSARY 47 MAINTENANCE AND OPERATING EXPENDITURES AND FOR CERTAIN ORDINARY AND 48 NECESSARY CAPITAL EXPENDITURES AS AUTHORIZED BY THE STATE OF INDIANA 49 AND BY THE ORDINANCES OF THE CITY OF RICHMOND, INDIANA. 50 51 Councilman Cornett moved to accept and file proof of publication , 52 seconded by Councilman Paust and on unanimous voice vote the motion 53 was carried. 54 55 Councilman Cornett gave a report from the Community Service Committee 56 which is in unanimous support of Ordinance- No. 3066-1976; however, 57 they feel the County should help support this program. 58 59 Speaking for this ordinance were City Judge Darrell Beane, 3701 60 Pinehurst Drive and Director of Alcoholic Counselling, Martin Berg, 61 3516 No. "A". 107 Common Council Minutes Cont' d April 5, 1976 Page 4 1 Councilman Paust moved for engrossment of Ordinance No. 3066- 2 1976, seconded by Councilman Elstro and on unanimous voice vote 3 the motion was carried. 4 5 Councilman Cornett moved to suspend the rules and read on third 6 reading by title only Ordinance No. 3066-1976 , seconded. by 7 Councilman Paust and on unanimous voice vote the motion was 8 carried. 9 10 The Clerk read on third reading., by title only, Ordinance No. 11 3066-1976. 12 13 Ordinance No. 3066-1976 was placed on final passage or rejection 14 and on a call of the roll , the following was recorded: Ayes: 15 Ahaus , Austerman , Cornett, Elstro, Merchanthouse, Mills, Paust 16 and Williams. . Noes: None. The vote being, eight (8) to zero 17 (0) in favor of passage of Ordinance No. 3066-1976. 18 19 The Clerk read on second reading Ordinance No. 3067.-1976 - AN 20 ORDINANCE TO ESTABLISH TWO (2) MORE FIRE FIGHTERS AND TO TRANS- 21 FER FOURTEEN THOUSAND ONE HUNDRED AND THIRTY EIGHT DOLLARS AND 22 . FORTY FOUR CENTS ($14,138.44) FROM MAYOR'S OFFICE, SERVICES 23 PERSONAL, SALARY ADMINISTRATIVE ASSISTANT, TO DEPARTMENT OF PUBLIC 24 SAFETY - FIRE DEPARTMENT, SERVICE PERSONAL, FIRE FIGHTERS, TO 25 ESTABLISH SALARIES FOR THE REMAINING CALENDAR YEAR 1976 OF TWO 26 (2) ADDITIONAL FIRE FIGHTERS. 27 28 Councilman Paust moved to accept and file proof of publication , 29 seconded by Councilman Ahaus and on unanimous voice vote the 30 ' motion was carried. 31 • 32 Councilman Paust gave the report from the Public Safety Committee. 33 Their recommendation to the Board of Works-is that the contract 34 negotiated with the firefighters should be to re-negotiate hour 35 schedule of 50.4, Art. XI. This Article should be negotiated to 36 try to get firemen to cooperate with the Board of Works and Common 37 Council to increase their hours to 60+ hours as before. They 38 further recommend immediate re-establishment of Prevention 39 Bureau and Sparky Program. Also, the hiring of civilian personnel 40 to operate as dispatchers so firemen could be returned to fire 41 line for purpose of fighting fires. They recommend the ordinance 42 , to hire two (2) additional men be engrossed but no further action 43 be taken at this time and recommend not to hire men at this time 44 until a report on exactly what the situation is. 45 46 Speaking against this ordinance was Mr. James Duke, 118 47 Randolph Street. 48 49 Councilman Elstro moved for engrossment of Ordinance No. 3067- 50 1976, seconded- by Councilman Paust and on unanimous voice vote 51 the motion was carried. 52 53 The Clerk read on sec old reading Ordinance No. 3068-1976 - AN 54 ORDINANCE TO APPROPRIATE FIVE THOUSAND THREE HUNDRED DOLLARS 55 ($5,300) FROM THE FEDERAL REVENUE SHARING TRUST FUND, FOR CERTAIN 56 ORDINARY AND NECESSARY MAINTENANCE AND OPERATING EXPENDITURES AND 57 FOR CERTAIN ORDINARY AND NECESSARY CAPITAL EXPENDITURES AS 58 AUTHORIZED BY THE LAWS OF THE STATE OF INDIANA AND BY THE ORDI- 59 NANCES OF THE CITY OF RI:CHMOND, INDIANA. L08 Common Council Minutes Cont'd April 5, 1976 Page 5 1 Councilman Elstro moved to accept and file proof of publication , 2 seconded by Councilman Paust and on unanimous voice vote the motion 3 was carried. 4 5 Councilman Elstro .moved for engrossment of Ordinance No. 3068-1976 , 6 seconded by Councilman Williams and on unanimous voice vote the 7 motion was carried. 8 9 Councilman Elstro moved to suspend the rules and read on third 10 reading by title only Ordinance No. 3068-1976, seconded by Council- 11 man Williams and on unanimous voice vote the motion was carried. 12 13 The Clerk read on third reading, by title only, Ordinance No. 3068- 14 1976. 15 16 Ordinance No. 3068-1976 was placed on final passage or rejection 17 and on a call of the roll , the following was recorded: Ayes:- Ahaus , 18 Austerman , Cornett, Elstro, Merchanthouse, Mills , Paust and Williams. • 19 Noes: None. The vote being eight (8) to zero (0) in favor of 20 passage of Ordinance No. 3068-1976. 21 22 There being no further business, on motion duly made, seconded and 23 passed, the meeting was adjourned. 24 25 Kenneth Mills 26 President 27 28 ATTEST; JoEllen Trimble 29 City Clerk